MUHAMMAD MANSAB vs MUHAMMAD HANIF O — 2025 SCMR 60 SUPREME-COURT

Case information

Citation: 2025 SCMR 60 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD MANSAB vs MUHAMMAD HANIF O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD MANSAB VS MUHAMMAD HANIF O. XXXVII, R. 4---Summary suit for recovery---Ex parte decree---Power of Court to set aside decree---'Special circumstances'---Scope---Under Rule 4 of Order XXXVII, Code of Civil Procedure, 1908, ('C.P.C.') "under special circumstances" the court can set aside the decree---Rule 4 is subject to the condition there must be 'special circumstances' to support any application for setting aside decree---Plain reading of Rule 4 makes it diaphanous that it excludes 'ordinary circumstance' or 'circumstances which may happen every day'---Meaning thereby that heavy burden lies on the defendant to show the circumstances due to which he was unable to appear during proceedings of the suit---'special circumstances' are different from 'ordinary circumstance' and 'circumstance which may happen every day', rather the same are rare, exceptional and beyond the control of a human being---Same can be categorized as: 1) Serious illness or accident preventing defendant's appearance; 2) Death or sudden incapacitation of defendant's counsel; 3) Natural calamity or unforeseen events; 4) Mistake or error apparent on the face of the record. 5) Failure of justice due to non-service or inadequate service.

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